- 11 U.S.C.
In re Dougan
Jan
08
2013
Ruling
Lien avoided on reconsideration as debtor was entitled to homestead exemption in coop.
Procedural posture
The matter before the court was debtors' Motion to Reconsider Order Denying Motion to Avoid Judicial Lien Execution. On reconsideration, debtors challenged the court's prior ruling that they did not qualify as "owners" under the Massachusetts Homestead Statute because title to their home was held by a residential cooperative housing corporation while they held only a ninety-nine year lease.
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Court
:
- 11 U.S.C.
In re Rose
Apr
27
2012
Ruling
Judicial lien for deficiency in foreclosure could be avoided as impairing debtors' homestead exemption.
Procedural posture
After a creditor secured a deficiency judgment against chapter 7 debtors, which created a judgment lien against their homestead, the debtors sought bankruptcy relief and filed a motion to avoid that lien under 11 U.S.C. § 522(f).
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Court
:
- 11 U.S.C.
In re Mulholland
Feb
23
2012
Ruling
Denial of discharge did not prevent debtors from avoiding lien.
Procedural posture
The chapter 7 debtors filed a motion to avoid a judicial lien on real estate pursuant to 11 U.S.C.S. § 522(f) on the grounds that it impaired their homestead exemption. The creditors objected, asserting that because they had filed a complaint objecting to the debtors' discharge, the motion should be denied or held in abeyance pending resolution of the bankruptcy proceeding.
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Court
:
- 11 U.S.C.
In re Phillips
Mar
05
2010
Ruling
Judicial lien avoided as impairing debtor's unopposed homestead exemption.
Procedural posture
Creditor mortgagee foreclosed on commercial real estate owned by the debtor husband, and then obtained a deficiency judgment against the debtor in the amount of $ 29,644.34 plus $ 251 costs. The debtors filed for chapter 7 relief and moved to avoid the judicial lien of the creditor mortgagee based on their homestead exemption under Ala. Code § 6-10-2. The creditor mortgagee objected to the claimed exemption.
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Court
:
- 11 U.S.C.
In re Morrow
Feb
12
2009
Ruling
Creditor's liens avoided to extent impairing debtor's claimed exemptions.
Procedural posture
Before the court was debtor's motion to avoid the judgment lien of a creditor under 11 U.S.C.S. § 522(f), to determine the value of the four subject properties.
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Court
:
- 11 U.S.C.
In re Zapata
Jun
26
2008
Ruling
Lien avoided to the extent it impaired debtor's homestead exemption but not avoided as to interest of nondebtor spouse.
Procedural posture
A debtor filed a motion to avoid a creditor's judgment lien. The debtor filed his chapter 13 petition after judgment was entered in favor of the creditor and did not address the judgment lien in the Chapter 13 Plan.
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Court
:
- 11 U.S.C.
In re Criscuolo
Apr
18
2008
Ruling
Lien securing deficiency judgment arising from mortgage foreclosure was not avoidable.
Procedural posture
Debtors filed a joint voluntary petition under chapter 7 of the Bankruptcy Code on April 26, 2001, and they received a discharge on August 29, 2001. The court reopened the debtors' case on April 26, 2006, so that one of the debtors could file an action against a bank, seeking an order under 11 U.S.C.S. § 522(f) avoiding judgment liens the bank had placed on real property the debtor owned.
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Court
:
- 11 U.S.C.
In re May
Apr
03
2006
Ruling
Lien on debtors'homestead was deemed avoidable since the extent of impairment of debtors'homestead exemption was greater than lien amount.
Procedural posture
Before the court was debtors'motion to avoid judicial lien, pursuant to 11 U.S.C. § 522(f), opposed by the creditor.
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Court
:
- 11 U.S.C.
Saal v. Helping People Succeed Inc. (In re Saal)
Mar
01
2006
Ruling
A debtor can avoid an entire lien that only, in part, impairs an exemption in accordance with the formula set forth in Code section 522(f)(2).
Procedural posture
Plaintiffs, debtors, filed a motion to avoid the fixing of a judicial lien of defendant creditor pursuant to 11 U.S.C. § 522(f)(1)(A). The creditor had a judicial lien on the debtors'interest in real property. The judgment lien secured an indebtedness presently past due and owing to the creditor in the approximate amount of $9,036.00 plus accrued interest. The debtors claimed a homestead exemption in the amount of $45,000.
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Court
:
- 11 U.S.C.
In re Trahan
Jan
30
2006
Ruling
Court found that the Code's statutory formula for avoiding judicial liens that impaired a homestead exemption applied to lien priorities created by state law and ruled that all judicial liens on the debtors'residence were avoided in their entirety as imp
Procedural posture
Movants, debtors in a joint chapter 7 bankruptcy case, filed a motion pursuant to 11 U.S.C. § 522(f)(2) to avoid, as impairing their homestead exemptions, the judicial liens recorded against their residence by respondent lienholders.
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Court
: